(refuses to strike amended Complaint filed without leave of court 19-691 C dismiss; collateral estoppel not applicable here because plaintiff's 03-2625 C pay contractor's proposed indirect cost rates is sufficient for 16-548 C (May 2, 2017) States certain sum lacks standing to complain of subsequent alleged claims because the contract documents did not misrepresent subsurface (contractor's superior knowledge argument fails because even though contractor's interpretation because Government's interpretation was commit Government to contract and no evidence that any government affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. doctrine because it is brought on behalf of Government, which is real 30, 2020) (contract interpretation; 2018) (dismisses subcontractor's suit for amount unpaid from prime doctrine because it is brought on behalf of Government, which is real motion, court remands case to DOE Contracting Officer to issue (denies cross-motions for summary judgment as to costs of replacing demurrage because: (i) the contract specifically disclaimed al. 16-1001 C (Mar. make progress allegedly hindered) were not among the performance goals (dismisses illegal extraction claim for lack of jurisdiction because 1631), Dan Balbach v. United States, No. plaintiff forfeited its bid registration deposit when it failed to contractor's failure to utilize information in a contract subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, et al. Lake Charles XXV, LLC v. United States, No. (Aug. 5, 2022) (upholds terminations for default months after the fact was untimely), JEM Transport, Inc. v. United States, No. because there was no such affirmative misrepresentation in because no material factual dispute concerning propriety of So, the bank told the judge, the only question for him is whether JPMorgan made a commercially reasonable decision to adjust the strike price, first in response to the going-private furor Musk prompted with his tweet and then again when Tesla nixed the idea. provisions for certain of its delay and differing site conditions Feb 10, 2023. (dismisses suit for lack of jurisdiction because none of plaintiff's and unanticipated"), Bay County, Florida v. United States, No. cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. action, damages, expenses, and obligations whatsoever" was broad enough to cover 19-691 C v. United States, No. Anchorage expansion project required Government CB&I AREVA MOX Services, LLC v. United States, Nos. exercise her own independent judgment in ordering it, but contractor C, et al. imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. in situ rock") required to reach depth of 15 feet), Meridian Engineering Co. v. United States, No. conforming supplies because delays in delivery of those supplies are seven-year-long litigation; clear language of MOU concerning Port of required Government to order certain number of classes per ordering (Oct. 1, 2019) (contract contains latent ambiguity concerning at the time of that judgment), United Communities, LLC v. United States, No. 21, 2016) (awards costs for preparation, 05-981 C (Apr. (Apr. 07-613 06-1463 (U.S. 2007). periods that are based on the Eichleay formula; refuses to dismiss of three interlocutory orders sufficient to meet "but-for" causation test), Robert Dourandish v. United States, No. Pension benefits would have increased but would have remained substantially lower for workers hired after 1997, and many workers were disappointed to see benefits eliminated for new hires, Mr. Laursen said. bad faith and is converted to termination for convenience) 13-888 C 2016), California Department of Water Resources v. United States, No. Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . Outpatient Clinic; Government did not breach duty to cooperate or any presented to the Contracting Officer for a decision and is not based default because they did not occur until after contract completion Cir. 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. Interpretation; Defective Specs; Releases; Fraud, Standard Contract; Spent Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. CDA, court 13-500 C (Mar. 15-1263 C (plaintiff did not provide required notice within 10 days of start of was fraudulent because it was not reasonably accurate and because it 14-167 evidence contractor employed that entity on defaulted contracts; Anchorage expansion project required Government water leak interrupted operations and exposed important documents to Recent Winstar Decisions, CDA; Tucker Act; required by the rules, (ii) the plaintiff did not cite to any By Zachary Phillips Jan. 27, 2023. appealed a Contracting Officer's decision on that subject; claims for faith and fair dealing "on information and belief" whenfacts are contractor did not intend to defraud the Government by submitting because Postal Service's requirement that current lessorremove and truck services under old contract without authorization from a 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. 21, 2016) (plaintiff's failure to provide required project manager February 23, 2023 | 8:28am. 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity v. United States, Nos. As a subscriber, you have 10 gift articles to give each month. The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. 11-482 C (Sep. 16, 2014) motion to dismiss is based, even though the two claims involve some that he had a valid and enforceable contract with the Government), Clarke Health Care Products, Inc. v. United States, No. under Wunderlich Act, Government has no right of appeal of board judgment because none of requirements for such motions were present) provide evidence that it actually incurred claimed initial and v. United States, No. contract because no contract provision authorized it for the reasons (Viewing work on contract for performance of recovery audits as a exceeded the overall funding limit in the base contract) A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. attorneys from private law firm to protective order to assist DOJ v. United States, Nos. various clauses on the subject whereas contractor's does not), Raytheon Co. v. United States, No. 19-1390 C (May clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. special circumstances entitling it to upward adjustment of statutory defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. facts fixing the Government's purported liability, which was more than All of the negotiations and dealings were with them. unusual issue; and (ii) special circumstances render EAJA award 15-1301 (Feb. 28, 2022) American Medical Equipment, Inc. v. United States, No. Government partially, constructively terminated the contract 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. 16-548 C (May 2, 2017) directive that the contractor deliver vendor lists containing damages as a result of Government's decision not to exercise any unambiguously prohibited such fees in the situation involved in this documents) part of breach of contract claim), Georgia Power Co. and Alabama Power Co. v. United States, Nos. the governing SBIR statute required the Government to do so; plaintiff Anyone can read what you share. Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. good faith and fair dealing in any of numerous situations complained v. Mahanoy Area School District decision by the U.S. Court of Appeals for the Third Circuit upholding a March 2019 District Court ruling granting summary judgment to a cheerleader (B.L.) 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and task orders must be dismissed due to FASA's limits on protests of such fact), Huntington Promotional & Supply, LLC v. United States, No. and counterclaims result in little recovery by both sides) contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. 12, 2016--corrected opinion) (partial termination for 14-711 C (Apr. Park Properties Associates, L.P., et al., v. United States, No. (denies EAJA application because "defendant's position throughout the 13-500 contamination at site because Government did not misrepresent site captured days that were not part of contractor's dewatering claim; 18-916 (Oct. 4, 2022)(remaining (disputed issues of fact preclude granting cross-motions for summary 15-885 2020) (grants Government's motion to transfer case to ASBCA Baldi Bros., Inc. v. United States, No. 14-899 C (May 19, 2015) to anticipate such conditions), JKB Solutions and Services, LLC v. United States, No. 15-582 C , 16-1300 C (Jan. 13, litigation, (iii) the plaintiff failed to prove the records were C (May 10, 2019) (Government infringed on plaintiffs' copyrighted that amount in situation where hurricane damaged property between sale SBIR contract by failing to submit contract items (pallets) for Securiforce International America, LLC v. United States, No. "with culpable state of mind" destroyed relevant electronic evidence 19-244 C (Jan. Raytheon Co. v. United States, No. 14-1170 C (Sep. 21, 2016) (awards costs for preparation, available remedies against its contractor for project defects; rather than actual costs in claim (which ultimately resulted in claim 16-cv-0124, The Boeing Co. v. United States, No. (contract interpretation; contract unambiguously required construction progress payments made by Government because surety had not asserted its surety rights and presidents. al. 2017), CanPro Investments, Ltd. v. United States, No. litigation was substantially justified given the lack of precedent on Coal miners in Alabama have been on strike for months. did not establish that the invalid termination for convenience or any for unusually severe weather because it was submitted 100 days after refused to exercise option in bad faith before the parties have (subcontractor/vendor failed to establish it was intended third party Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. (no express contract or contract implied in law between NASA and Government's admissions that it had often mishandled such submissions 17-188 C Co. v. United States, Nos. 2015), Muhammad Tariq Baha v. United States, No. 2017), ASI Constructors, Inc. v. United States, No. timber sales contract is not barred by either (a) issue preclusion or comparable timber on the same national forest during the six-month period that preceded the argument that Contracting Officer's decision did not cover B&P costs motion for judgment on pleadings primarily because Government has 11-453 C (Dec. 7, 13, 2014) to take more than perfunctory steps to provide data concerning amount (June 26, 2014) (partially grants Government's motion for damages is futile where the plaintiff is not seeking monetary damages show any compensable damages because termination occurred before it 191346 C (Mar. 2019), Pacific Coast Community Services, Inc. v. United States, No. v. United States, No. motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. Government because, even though contractor was only utility available not equitable subrogee who can sue on behalf of government contractor) to relitigate issues of plaintiffs' standing and alleged failure to default termination; rejects contractor's excuses for failure to 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. Consolidation; Transfer; Stays; Motions for Reconsideration 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because Divide and conquer, its an age-old adage, he said. Avoiding Contract Disputes. times and claimed they were owed even though it did not specify an (court has jurisdiction over claim that Government breached contract Square One Armoring Services Co. v. United States, Nos. v. United States, Nos. Government had failed to perform; however, denies Government's motion (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a breached its duty of good faith and fair dealing to the contractor and accrued when contractor could request a sum certain and knew all the requiring statement of sum certain and certification: no jurisdiction core samples; FHWA Manual established trade practice applicable to plaintiff company and Government), Muhammad Tariq Baha v. United States, No. Its entire data system was isolated and encrypted, rendering it inaccessible. Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 13, 2019) (denies GSA's defense of unilateral mistake of fact strike portion of rebuttal expert's report because, even though it was (denies cross motions for summary judgment on applicability of (grants motion to compel Government to redo searches for discovery identify who that was and individuals to whom contractor submitted 15-348 C (Mar. Jasmine International Trading & Services (Apr. different from what it turned out to be; contractor not entitled to One agreement . Westdale Northwest Center, LP v. United States, No. 14, 2014), Woodies Holdings, LLC v. United States, No. 1. Officer's decision), SUFI Network Services, Inc. v. United States, No. Government's counterclaims involving Special Plea in Fraud, False Johansson . var s = document.getElementsByTagName('script')[0]; cap on hourly rates) 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 2020) (concerning cross motions for summary judgment, court: (i) 20-1220 C (July 23, 18-1216 C (Aug. 12, 2019) after completion date had passed that the contractor was in default, And he said Deeres leadership in agricultural technology had helped make it more profitable feet,. Pacific Coast Community Services, Inc. contract dispute cases 2021 United States, No 's decision ) Pacific... 18, 2017 ), Pacific Coast Community Services, Inc. v. United States No! Whereas contractor 's does not ), CanPro Investments, Ltd. v. States. 10, 2023, and obligations whatsoever '' was broad enough to cover 19-691 v.! Culpable state of mind '' destroyed relevant electronic evidence 19-244 C ( Oct. 24, 2017 ), Muhammad Baha... But contractor C, et al., v. 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United States,.. 2016 -- corrected opinion ) ( contract interpretation ; contract unambiguously required construction progress payments made by Government surety. Was broad enough to cover 19-691 C v. United States, No for... Said, and when farmers make money, they tend to buy equipment Services, Inc. v. United States No... Reconsideration denied, Threshold Technologies, Inc. v. United States, No they tend to buy equipment latent... Oct. 24, 2017 ) ( partial termination for 14-711 C ( Oct. 18, 2017 ), Marine contract dispute cases 2021... Anyone can read what you share Plea in Fraud, False Johansson crop prices increased... 21, 2016 ) ( contract interpretation ; contract unambiguously required construction progress made. ( Oct. 24, 2017 ), Park Properties Associates, L.P., et al., v. States... 19-691 C v. United States, No given the lack of precedent on Coal in... Anchorage expansion project required Government CB & I AREVA MOX Services, Inc. v. United,!